The Rule of Law in Germany

This book critically examines to what extent the rule of law, a principle that forms part of Germany''s constitutional self-understanding, has translated into a lived experience for all . It explores Germany''s long rule of law tradition and highlights where the German state has fallen short of its rule of law promise, using historical and contemporary examples. The book provides a comprehensive insight into rule of law experiences and discourses in Germany. It combines historical and socio-legal perspectives and shows that Germany''s rule of law experience is tightly interwoven with European and international rule of law debates. Dedicated chapters explore the history and doctrine of the rule of law, challenges to the rule of law in today''s Germany, the rule of law experience in the former German Democratic Republic and after reunification, and the rule of law in times of crisis. This includes challenges to the rule of law through anti-terrorism measures, as well as the more recent COVID-19 pandemic.In concluding, the book highlights digitalisation as a challenge for the future of the rule of law in Germany and beyond. By combining historical, doctrinal, and socio-legal perspectives, the book gives the reader a balanced account of one of Germany''s oldest constitutional principles.>

Vorwort
Explores Germany's long rule of law tradition and highlights where the German state has fallen short of its rule of law promise, using historical and contemporary examples.

Autorentext
Dana Burchardt is Senior Researcher at Freie Universität Berlin, Germany. Hannah Birkenkötter is Assistant Professor at Instituto Tecnológico Autónomo de México (ITAM) in Mexico City, Mexico.

Inhalt

1. The German Rechtsstaat: Historical Evolution and Constitutional Doctrine Today 2. The Local Lived Experiences of the Rule of Law in Germany 3. The Rule of Law Experience in the GDR and After the Reunification: "Rechtsstaat vs. Unrechtsstaat"? 4. The German Rule of Law Experience in Times of Crisis 5. The German "Rechtsstaat" in the European and International Context 6. The Future of the Rule of Law in Germany